Category Archives: Trial of Delwar Hossain Sayedee

14 Jan 2013: ICT 1 Daily Summary – Sayedee, Chowdhury, Gholam Azam

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Delwar Hossain Sayedee: Response to Yesterday’s Applications (Accused Present in Court)
  2. Chief Prosecutor vs Salauddin Quader Chowdhury: Contempt Proceedings against Defense Counsel, Hearing of Application for Removal of Prosecutor (Accused Present in Court)
  3. Chief Prosecutor vs Golam Azam: Defence Case-in-Chief  (Accused Not Present)

In the Sayedee case the Tribunal rejected the six applications filed by the Defense yesterday, January 13. The Tribunal stated that it had already given orders pertaining to the issues raised and that it would be redundant to deal with them again.

In the Chowdhury case, the court issued an order to show cause for contempt against Defense counsel Fakhrul Islam. The Tribunal also rejected an application from Defense counsel Ahsanul Huq Hena requesting the adjournment of the tribunal until the contempt proceedings against foreign lawyer Dr. Ziauddin (implicated in the Skype controversy) had been disposed of.

The Tribunal heard joint arguments from the defense for Chowdhury and Golam Azam in favor of their application to remove lead Prosecutor Zead al-Malum.

The Tribunal then heard arguments from the Golam Azam Defense team in favor of their application to allow the skype conversations and emails between the former Chairman Nizamul Hoque and foreign lawyer Dr. Ahmed Ziauddin to be exhibited before the court.

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13 Jan 2013: ICT 1Daily Summary – Golam Azam, Nizami, Sayedee

Today ICT 1 heard matters in the following cases:

  1. Chief Prosecutor vs Golam Azam– Application for Review (Accused Not Present)
  2. Chief Prosecutor vs. Motiur Rahman Nizami – Application for Review (Accused Not Present)
  3. Chief Prosecutor vs Delwar Hossain Sayedee – Application for Review, Contempt Proceedings, Prosecution Closing Arguments (Accused Present)

Defense counsel for  of Golam Azam, Nizami and Sayedee filed applications for Review of the January 3, 2013 order denying retrial. Senior Defense lawyer Razzaq requested that the tribunal halt proceedings until the Review applications have been addressed by the court. Prosecutor Haider Ali argued that the tribunal should reject the applications summarily.

The Chairman of Tribunal-1 stated that the trials would continue as the court considered the Review applications. Razzaq then argued that in the interest of justice the Tribunal should hear the Review application before hearing the summing up of arguments in Sayedee’s case. This request was rejected and the Prosecution began their closing arguments as scheduled for that case.

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10 Jan 2013: ICT 1 Daily Summary

Today ICT 1 heard matters in the following cases:

  1. Contempt Proceedings – against Defense counsel Tajul Islam
  2. Chief Prosecutor vs Salauddin Quader Chowdhury – Prosecution Case-in-Chief
  3. Chief Prosecutor vs Motiur Rahman Nizami – Defense Case-in-Chief
  4. Chief Prosecutor vs Delwar Hossain Sayedee – Contempt Proceedings brought by Defense against ATN News and BTV
  5. Chief Prosecutor vs Golam Azam – Defense Case-in-Chief

None of the Accused were present in the courtroom today.

Contempt Proceedings
On October 22, 2012 the court began contempt proceedings against Defense Counsel Tajul Islam and  barred him from entering into ICT 1. The Tribunal had also served show-cause notices against Defense counsel Tanvir Ahmed Al-Amin and Mizanul Islam on November 6. On November 23, 2012 the former law minister and BNP leader, Moudud Ahmed, offered an unqualified apology on behalf of Tajul Islam and the other defense counsel and begged forgiveness of the court. On November 23, 2012 the Tribunal scheduled January 10 for passing its order on the matter and lifted the bar against Tajul Islam appearing in Tribunal 1, but still barred him from presenting submissions before the Tribunal. Today (January 10, 2013) Tribunal-1 rescheduled January 15, 2013 for passing the order.

Chief Prosecutor vs. Salauddin Qader Chowdhury
Today, Ahsanul Huq Hena, Defense counsel for Salauddin Qader Chowdhury sought adjournment and Tribunal allowed the prayer and adjourned the case till January 14, 2013.

Chief Prosecutor vs. Motiur Rahman Nizami
Mizanul Islam, Defense Counsel of Nizami sought adjournment for today (January 10, 2013) as Nizami was absent from the Tibunal. Mizanul Islam said before the Tribunal that yesterday (January 9, 2013) was fixed for Motiur Rahman Nizami’s case. Prosecutor Iqbal Hossain submitted that there was a common understanding that the case would continue even if Nizami was absent. The Tribunal adjourned the case until January 20, 2013.

Chief Prosecutor vs. Delwar Hossain Sayedee
Today was fixed for hearing proceedings filed by Defense Counsel of Delwar Hossain Sayedee against ATN News and BTV. Tanvir Ahmed Al-Amin submitted before the Tribunal that when Tribunal fixed the date for the resubmission of closing arguments ATN News broadcast interviews of the prosecution witnesses. The Defense alleged that in this programme Sayedee was described by the host as a criminal and war criminal, despite the fact that  Saydee has pled not guilty and has not been convicted of any crime up to this point.  Relying on section 11(4) of the ICT Act 1973, the Defense sought an order against the media agencies. The Defense argued that these programs prejudiced the Defense case.

Justice Jahangir Hossain interjected that the Tribunal will give judgment on the basis of the merits of the case alone and will not rely on any TV interview or program. The Defense further submitted that BTV also broadcast a similar program. In support of this application Defence submitted a CD and requested that the Tribunal watch the footage of the shows. The tribunal fixed January 14, 2013 for issuing an order.

Chief Prosecutor vs. Professor Golam Azam
Defense Counsel for Golam Azam also filed an application seeking the disqualification of Chief Prosecutor Zead-al-Malum. The Defense requested that the Tribunal hear this application along with a similar application being made in Salauddin Quader Chowdhury’s case. The Defense counsel for Chowdhury filed an application on December 19, 2012 for the removal of the Prosecutor Zead-al-Malum. These applications are based on references to Zead-al-Malum made in the Skype conversations between former Chairman Nizamul Hoque and foreign legal expert Ahmed Ziauddin. The Defense claims that these conversations show collusion between the Prosecution and the judges. The Tribunal fixed January 14, for the hearing of these applications.

Outside the Courtroom
Today, Chairman ATM Fazle Kabir returned from leave and was present at the Tribunal. At one point the Tribunal was informed that Sayedee was experiencing chest pains (He was present in the building but not in the courtroom). Defense Counsel sought the Tribunal’s permission for Sayedee to leave the Tribunal premises and return to custody. Tribunal granted the request.

7 January 2013: Tribunal 1 Daily Summary – Golam Azam and Sayedee

The Tribunal heard matters pertaining to the following cases:

  1. Chief Prosecutor vs Golam Azam – Defens e Case-in-Chief 
  2. Chief Prosecutor vs Delwar Hossain Sayedee  – contempt proceedings brought by Defense

Summary
The Tribunal adjourned Golam Azam’s case for today on the grounds that the Defense will file a review application for the review off the Jan. 3rd order rejecting his request for retrial. They claimed that they did not receive a certified copy of the order and could not file the review application until they did.  Mizanul Islam, senior Defence Counsel, assured the Tribunal that the Defense would produce its witness Abdullahil Aman Azmi, Defense Witness #1m on 8 January 2013.

The Defense Counsels of Sayedee informed the Tribunal that they had filed contempt petitions against Masudur Rahman of  ATN News and against BTV. The Tribunal then fixed 9 January 2013 for the hearing of these applications.

Case: Chief Prosecutor vs Gulam Azam
Defence Witness #1,  Abdullahil Aman Azmi, began providing testimony on November 13, 2012 and has not yet completed. The Defense failed to produce him on a couple of occasions and the Tribunal at one point barred the Defense from producing further Defense Witnesses unless the Defense provided a satisfactory explanation for their failure. Today was fixed for argument in the matter.  Senior Defence Counse, Mizanul Islam, assured the Tribunal that the witness will be produced tomorrow and sought adjournment.

Prosecutor Zead-Al-Malum raised an objection to the Defense’s request and said that the Defense had made similar excuses before and still failed to produce their witness. He asked the Tribunal to begin closing arguments or to impose a fine against the Defense.

The Tribunal then passed a written order stating that for the ends of justice the application filed by the Defence would be scheduled for hearing tomorrow on the ground that the Defense will file a review application of the order dated 03-01-2013. The order noted that Mizanul Islam had assured the Tribunal that the Defense would produce its witness on 8 January 2013.

Outside the Courtroom
Chairman A.T.M Fazle Kabir was absent from the Tribunal as he is on leave. Mizanul Islam informed  the Tribunal that today Defense attorneys were not allowed to take their cars inside the Tribunal gate. Justice Jahangir Hossain told him to wait until Chairman A.T.M Fazle Kabir returned to present the matter. Mizanul Islam further stated that the Defense had been told that only two family members of the accused will be allowed to visit the Tribunal. Accused Golam Azam was brought to the Tribunal but did not appear in the courtroom, reportedly because he was feeling sick.

Tribunal adjourned at 11:45am

3 January 2012: Tribunal 1 Daily Summary – Rejects Application for Retrial in Sayedee, Golam Azam and Nizami Cases

The Tribunal Issued Its Order on the Application for Retrial in the Sayedee, Golam Azam and Nizami Cases:

The Tribunal read out its order rejecting the retrial application of Golam Azam and said the same order would apply for the retrial applications of Motiur Rahman Nizami and Delwar Hossain Sayedee since the facts and legal points were same. The Tribunal stipulated separately for Sayedee’s case that it would rehear the closing arguments from both the Prosecution and Defense as Tribunal-1 had been reconstituted after former Chairman Justice Nizamul Huq’s resignation and therefore the current Chairman had not heard closing arguments. The Tribunal fixed 13-14 January for the Prosecution to present its arguments and 15-17 January for the Defense.

For a more detailed examination of the order and a copy of the order itself, please see here.

Case: Chief Prosecutor vs Salauddin Quader Chowdhury
On 1 January 2013, Fakhrul Islam filed three applications on behalf of Chowdhury, including one asking the Tribunal for an order clarifying that its judges were not party to any of the skype or email conversations that took place between the former Chairman Nizamul Hoque and Dr. Ziauddin. Other applications included initiating contempt proceedings against the Law Minister for influencing the proceedings and summoning the former Chairman of the Tribunal 1 to testify. To avoid contempt proceedings Ahsanul Huq, Defence counsel of Salauddin Quader Chowdhury prayed to consider them as ‘not pressed’ and offered unconditional apology.

The Tribunal said it needed further time to consider the application regarding the question of their involvement in the skype conversations and fixed January 10 for issuing an order. The Tribunal allowed the prayer of ‘not pressed’ on two other applications.

Observations Outside the Court
At the lunch break some High Court lawyers, supporters of Salauddin Quader Chowdhury, were seen in front of the Tribunal. They were attempting to obtain a pass for entry into the Tribunal. The Tribunal authority refused to give them pass, which made them angry. They were shouting some slogans and engaged in an altercation with the registrar. After a short time they departed.